Bill Start

An act to amend Sections 41953 and 41956 of, to amend and renumber Section 41952 of, and to add Section 41952 to, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

AB 1147, as introduced, Salas.
Solid waste: disposal.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act prohibits a person, other than an authorized recycling agent, from removing specified materials that have been segregated from solid waste materials and placed at a designated recycling collection location for residential curbside collection programs authorized by a city, county, or local agency for the purposes of collection and recycling or at a designated recycling collection location by any commercial or industrial entity. Existing law provides that a violation of the segregated recycling laws may be charged as either a misdemeanor or an infraction, as specified. Existing law authorizes a court, in a civil action by a recycling agent against a person alleged to have violated these
laws, to either allow treble damages or award a civil penalty, as specified, against the unauthorized person removing the recyclable material, and to allow treble damages or award a higher civil penalty, as specified, against a person for a second violation and subsequent violations.

This bill would subject an unauthorized person to these same penalties and damages for collecting, removing, or transporting solid waste generated by another person on residential, commercial, or industrial premises, except in compliance with applicable law, as specified. Because a violation of this provision may be charged as a crime, the bill would impose a state-mandated local program. The bill would expand civil enforcement to knowing participation in violations of these laws, and would require a court, if a plaintiff prevails in a civil action brought pursuant to these and related provisions, to award to the plaintiff reasonable attorney’s fees, expert witness fees, and costs
incurred in the course of the litigation, except as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 41952 of the Public Resources Code is amended and renumbered to read:

41952.41957.

Nothing in this chapter limits the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials.

SEC. 2.

Section 41952 is added to the Public Resources Code, to read:

41952.

No person, other than a solid waste enterprise authorized by a city, county, or other local governmental agency to handle solid waste, shall collect, remove, or transport solid waste generated by another person from residential, commercial, or industrial premises, except in compliance with applicable law. For purposes of this section, “applicable law” includes, but is not limited to, a municipal ordinance regulating the handling of solid waste.

SEC. 3.

Section 41953 of the Public Resources Code is amended to read:

41953.

(a) In any civil action by a recycling agent or a local governmental agency against a person alleged to have violated violated, or to have knowingly participated in the violation of, Section 41950 or 41951, or by a local governmental agency or a solid waste enterprise against a person alleged to have violated, or to have knowingly participated in the violation of, Section 41952, the court
may either allow treble damages, as measured by the market value of the recyclable material removed, or award a civil penalty of not more than two thousand dollars ($2,000), whichever is greater, for each unauthorized removal, against the unauthorized person removing the recyclable material. material or solid waste.

(b) In any civil action by a recycling agent agent, solid waste enterprise, or local governmental agency against a person alleged to have violated violated, or to have knowingly participated in the violation of, Section 41950 or 41951 41950, 41951, or 41952 for a second, or subsequent time, subsequent, time in any 12-month period, the court may either allow treble damages, as measured by the market value of the recyclable material removed, or award a civil penalty of not more than five thousand dollars ($5,000), whichever is greater, for each unauthorized removal against the unauthorized person removing the recyclable material. material or solid waste.

(c) If a plaintiff prevails in a civil action brought pursuant to this chapter, the court shall award to the plaintiff reasonable attorney’s fees, expert witness fees, and costs incurred in the course of the litigation. This subdivision shall not apply to a civil action for a violation or knowing participation in a violation of Section 41950, 41951, or 41952 in which the value of the stolen recyclable materials is fifty dollars ($50) or less or no vehicle, as defined in Section 670 of the Vehicle Code, was used in connection with the removal of the materials.

SEC. 4.

Section 41956 of the Public Resources Code is amended to read:

41956.

The board department may award special enforcement grants to cities or counties to support pilot programs designed to develop and evaluate enforcement techniques to reduce the theft of recyclable materials from commercial, industrial, or other nonresidential establishments.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.